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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
agency;
licensing; information
(NOW: hoophouses; polyhouses; regulation; compliance)
Purpose
Exempts the construction of a hoophouse or a polyhouse from municipal and county building permit requirements if certain requirements are met.
Background
A common council has the power to adopt ordinances for the government of the corporation, its officers and persons within its corporate limits needful for the good government and order of the municipality. The legislative body of a municipality also has authority to enforce any zoning ordinance enacted in accordance with statute in the same manner as other municipal ordinances are enforced. By ordinance, the legislative body must establish all necessary and appropriate rules and procedures governing application for zoning amendment, review and approval of plans, issuance of any necessary permits or compliance certificates, inspection of buildings, structures and lands and any other actions which may be considered necessary or desirable for enforcement of the zoning ordinance (A.R.S. §§ 9-240 and 9-462.05).
Except in cities and towns that have no ordinance relating to the issuance of building permits, a county BOS must require a building permit for any construction within its jurisdiction of a building or an addition to a building exceeding a cost of $1,000 (A.R.S. § 11-321).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Exempts the construction of a hoophouse or a polyhouse from municipal and county building permit requirements if the hoophouse or the polyhouse meets the following requirements:
a) the structure does not have a permanent anchoring system;
b) there is no temporary or permanent storage of solvents, fertilizers, gases or other chemicals or flammable materials;
c) the structure is not wider than 31 feet and there is an unobstructed path of not more than 150 feet from any point to a door or fully accessible wall; and
d) the covering of the structure is of material no greater than 12 mils in thickness, that conforms to the National Fire Protection Association standard methods of fire tests for flame propagation of textiles and films (NFPA 701) and that yields approximately four pounds of maximum impact resistance to provide egress through the wall.
2. Requires a hoophouse or a polyhouse to be anchored in a way that allows removal and relocation of the structure at the discretion of the property owner and in a manner that prevents unintended detachment or relocation.
3. Allows a municipality or county to adopt an ordinance to regulate a hoophouse's or a polyhouse's height above the fence line if the structure is located on a lot less than one acre in size within a residential community.
4. Requires a hoophouse or a polyhouse to comply with all height, setback, and lot coverage requirements contained in municipal or county zoning and land use regulations for detached accessory buildings or structures.
5. Allows a municipality or county to establish an administrative review process for a hoophouse or a polyhouse constructed without a building permit.
6. Allows a municipality or county to require the owner who intends to build a hoophouse or a polyhouse to submit documentation that contains information regarding the construction of the structure including the materials being used.
7. Allows the municipality or county to determine if the planned construction meets the statutory requirements for an exemption from building permit requirements.
8. Requires a device permit if a hoophouse or a polyhouse contains a devise that is subject to existing municipal or county electrical or mechanical codes and regulations.
9. Requires a permit for backflow prevention devices contained within the potable water system if the hoophouse or the polyhouse is connected to a potable water system.
10. Defines hoophouse and polyhouse as a greenhouse used exclusively for producing and storing live plants.
11. Defines permanent anchoring system as a structurally engineered assembly of components designed to affix a structure to the ground on a permanent basis.
12. Includes permanent foundations and anchors in the definition of permanent anchoring system.
13. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole
2. Requires a hoophouse or a polyhouse to comply with all height, setback, and lot coverage requirements contained in municipal or county zoning and land use regulations for detached accessory buildings or structures.
3. Allows a municipality or county to establish an administrative review process for a hoophouse or a polyhouse constructed without a building permit.
4. Allows a municipality or county to require the owner who intends to build a hoophouse or a polyhouse to submit documentation that contains information regarding the construction of the structure including the materials being used.
5. Allows the municipality or county to determine if the planned construction meets the statutory requirements for an exemption from building permit requirements.
6. Modifies the definition of hoophouse and polyhouse to mean a greenhouse, rather than a temporary greenhouse, used exclusively for producing and storing live plants.
7. Defines permanent anchoring system as a structurally engineered assembly of components designed to affix a structure to the ground on a permanent basis.
8. Includes permanent foundations and anchors in the definition of permanent anchoring system.
9. Makes technical and conforming changes.
House Action Senate Action
GOV 2/15/24 DP 9-0-0-0 GOV 3/21/24 DPA/SE 7-0-1
3rd Read 2/27/24 57-0-2-0-1
Prepared by Senate Research
April 3, 2024
JT/slp